Month: April 2021

36. Protection of minorities.-The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services.

Footnotes:

Comparative Table of Article 36 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :
8[3]
Constitution of Pakistan 1956 :
27
Constitution of India 1950:
29
Government of India Act 1935:

Leading & Latest Cases on Article 36 of the Constitution of Pakistan, 1973 :

P L D 1990 QUETTA 70
A.F. ABADAN AND OTHERS
GOVERNMENT OF BALOCHISTAN AND OTHERS
1993 SCMR 1718
ZAHEERUDDIN
STATE
P L D 2005 LAHORE 354
HAFIZ ASMATULLAH
GOVERNMENT OF PUNJAB AND OTHERS

Article: 31 Islamic way of life

31. Islamic way of life.-(1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.

(2) The State shall endeavour, as respects the Muslims of Pakistan,

(a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran;

(b) to promote unity and the observance of the Islamic moral standards; and

(c) to secure the proper organisation of Zakat, 1[ushr,] auqaf and mosques

27. Safeguard against discrimination in services.- (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:

Provided that, for a period not exceeding 1[forty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:

Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 2[ : ]

2[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).]

(2) Nothing in clause(1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority.

Footnotes:

1. Section 2 of the Constitution (Sixteenth Amendment) Act, 1999 (7 of 1999), substituted the said word in place of the word “twenty”, in the proviso to clause (1) of Art. 27, (w.e.f. August 5, 1999). The proviso, as first adopted in 1973, contained the word “Ten” and by virtue of Item 4 of the Schedule to P.O. No. 14 of 1985 the word “twenty” was substituted therefor (w.e.f. March 2, 1985).
2. Section 10 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a colon, in place of the full stop, at the end of the second proviso to clause (1) of Art. 27 and added a new proviso thereto, (w.e.f. April 19, 2010).

Comparative Table of Article 27 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(VIII.17)

Constitution of Pakistan 1956 :
17

Constitution of India 1950:
15(1)

Government of India Act 1935:

Leading & Latest Cases on Article 27 of the Constitution of Pakistan, 1973 :

P L D 1995 LAHORE 584 MRS. NASEEM FIRDAUS PUNJAB SMALL INDUSTRIES CORPORATION AND OTHERS
1997 SCMR 1043
MUSHTAQ AHMAD MOHAL AND OTHERS
THE HONOURABLE LAHORE HIGH COURT, LAHORE, AND OTHERS
1999 SCMR 2308 GHAZI M. ABDUL KHALIQ AND OTHERS
P L D 1999 SC 1126
NEW JUBILEE INSURANCE COMPANY LTD., KARACHI
NATIONAL BANK OF PAKISTAN. KARACHI
P L D 2001 QUETTA 72 DR. MRS. BUSHRA MAGSI DISTRICT MAGISTRATE/DEPUTY COMMISSIONER, JHAL MAGSI AT GANDAWAH
2005 MLD 1053
SHAUKAT ALI WAHLA, SUPERINTENDENT, ZONAL OFFICE, AUQAF,SARGODHA
CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE

[25A. Right to education.—The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.]

Footnotes:

1. Section 9 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted a new Art. 25A, after Art. 25 of the Constitution, (w.e.f. April 19, 2010).

Leading & Latest Cases on Article 184 of the Constitution of Pakistan, 1973 :

P L D 2013 SC 188 DR. MUHAMMAD ASLAM KHAKI AND OTHERS S.S.P. (OPERATIONS) RAWALPINDI AND OTHERS

257. Provision relating to the State of Jammu and Kashmir.-When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.

Footnotes:

Comparative Table of Article 257 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :
221
Constitution of Pakistan 1956 :
203
Constitution of India 1950:
370
Government of India Act 1935:

Leading & Latest Cases on Article 257 of the Constitution of Pakistan, 1973:

254. Failure to comply with requirement as to time does not render an act invalid.- When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.

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Footnotes:

Comparative Table of Article 254 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
218
Constitution of Pakistan 1956 :
—
Constitution of India 1950:
365
Government of India Act 1935:
—

Leading & Latest Cases on Article 254 of the Constitution of Pakistan, 1973 :

P L D 1989 SC 75

REFERENCE NO.1 OF 1988 MADE BY THE PRESIDENT OF PAKISTAN
UNDER ARTICLE 186 OF THE CONSTITUTION OF PAKSITAN
2001 SCMR 1161
MST. ATTIYYA BIBI KHAN AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY OF EDUCATION
P L D 2002 SC 823
JUMA KHAN AND OTHERS
MST. BIBI ZENABA AND OTHERS

251. National language.-(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.

(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.

(3) Without prejudice to the status of the National Language, a Provincial Assembly may by law prescribe measure for the teaching, promotion and use of a provincial language in addition to the national language.

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Footnotes:

Comparative Table of Article 251 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
215
Constitution of Pakistan 1956 :
214
Constitution of India 1950:
343
Government of India Act 1935:
Omitted.
Leading & Latest Cases on Article 251 of the Constitution of Pakistan, 1973 :

P L D 1967 SC 501
SHAMSUDDIN AHMED
REGISTRAR, HIGH COURT OF EAST PAKISTAN, DACCA

248. Protection to President, Governor, Minister, etc.-(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any Court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:

Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federations or a Province.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any Court during his term of office.

(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any Court during his term of office.

(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description, and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.

245. Functions of Armed Forces.- 1[(1)] The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.

(2) The validity of any direction issued by the Federal Government under clause (1), shall not be called in question in any Court.

(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forced of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.]

_____________________________________________________________________ Footnotes:

1. Section 4 of the Constitution (Seventh Amendment) Act, 1977, (23 of 1977), renumbered Art. 245 as 245(1) and added clauses 2, 3 and 4 thereto (w.e.f. April 21, 1977).

Comparative Table of Article 245 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
—
Constitution of Pakistan 1956 :
—
Constitution of India 1950:
—
Government of India Act 1935:
—

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Leading & Latest Cases on Article 245 of the Constitution of Pakistan, 1973:

P L D 1977 LAHORE 846
DARVESH M. ARBEY
FEDERATION OF PAKISTAN AND OTHERS
P L D 1980 LAHORE 206
DARWESH M. ARBEY
FEDERATION OF PAKISTAN AND OTHERS
P L D 1991 KARACHI 1
KHALID MALIK AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
P L D 1999 SC 46 SHAHID ORAKZAI Mian MUHAMMAD NAWAZ SHARIF, PRIME MINISTER OF PAKISTAN AND OTHERS
P L D 1999 SC 504 SH. LIAQUAT HUSSAIN AND OTHERS FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliament
P L D 2009 SC 879
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHER

Article: 239 Constitution amendment Bill
1[239. Constitution amendment Bill.-(1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.

(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent.
(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had or originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent.
(4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.
(5) No amendment of the Constitution shall be called in question in any Court on any ground whatsoever.
(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.]

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Footnotes:

1. Section 3 of the Constitution (Second Amendment) Order, 1985, P.O. No. 20 of 1985, substituted Art. 239, in its present form, (w.e.f. March 17, 1985), in place of the Art. as amended by item 48 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985). Art. 239 as first amended in 1985, read :
   “239. Constitution Amendment Bill. — (1) A Bill to amend the Constitution may originate in either House and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House it shall be transmitted to the other House.
   (2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under Clause (1), it shall be transmitted to all the Provincial Assemblies.
   (3) If the Bill is passed with an amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated; and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall be transmitted to all the Provincial Assemblies.
   (4) Subject to clause (5), if the Bill transmitted to the Provincial Assemblies under clause (2) or clause (3) is passed by each such Assembly by a majority of the total number of its members present and voting, it shall be presented to the President for assent.
   (5) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.
   (6) No amendment of the Constitution shall be called in question in any Court on any ground whatsoever.
   (7) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend by way of addition, modification or repeal any of the provisions of the Constitution.”
   Article 239 as adopted in 1973 read :
   “239. Constitution Amendment Bill.-(1) A Bill to amend the Constitution shall originate in the National Assembly and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the Assembly it shall be transmitted to the Senate.
   (2) If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall be presented to the President for assent.
   (3) If the Bill is passed by the Senate with amendments, it shall be reconsidered by the National Assembly; and if the Bill as amended by the Senate is passed by the Assembly by the votes of not less than two-thirds of the total membership of the Assembly, it shall be presented to the President for assent.
   (4) If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the Senate.
   (5) The President shall assent to the Bill within seven days of the presentation of the Bill to him, and if he fails to do so he shall be deemed to have assented thereto at the expiration of that period.
   (6) When the President has assented to or is deemed to have assented to the Bill, the Bill shall become Act of Parliament, and the Constitution shall stand amended in accordance with the terms thereof.
   (7) A Bill to amend the Constitution which would have the effect of altering the limits of a
   The province shall not be passed by the National Assembly unless it has been approved by a resolution of the Provincial Assembly of that Province passed by the votes of not less than two-thirds of the total membership of that Assembly.”